Darren Kavinoky
Member Since: 07th June 2006
URL: http://www.nocuffs.com
Occupation: Lawyer
No of articles: 109
About Me:
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.Californiaduihelp.com and www.gotadui.com.
URL: http://www.nocuffs.com
Occupation: Lawyer
No of articles: 109
About Me:
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.Californiaduihelp.com and www.gotadui.com.
Legal
Possession of Weapons/Explosive Devices California law prohibits convicted felons, violent offenders, the mentally ill, persons with restraining orders and other specified individuals from possessing a gun. This included people convicted of misdemeano...
Possession of Weapons/Explosive Devices
07th June 2006Possession of Weapons/Explosive Devices California law prohibits convicted felons, violent offenders, the mentally ill, persons with restraining orders and other specified individuals from possessing a gun. This included people convicted of misdemeano...
Legal
Shooting From a Motor Vehicle Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and consecutive term of imprisonment in the state prison for 5, ...
Shooting From a Motor Vehicle
07th June 2006Shooting From a Motor Vehicle Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and consecutive term of imprisonment in the state prison for 5, ...
Legal
Carrying Concealed Weapon Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public p...
Carrying Concealed Weapon
07th June 2006Carrying Concealed Weapon Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public p...
Legal
Federal Crimes Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and fed...
Federal Crimes
07th June 2006Federal Crimes Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and fed...
Legal
Accident Reconstruction Accident reconstruction is an important, but often overlooked tool, of a DUI defense. Where there has been an accident, the responding police officers and detectives write a traffic collision report. This is often the only mea...
Accident Reconstruction
07th June 2006Accident Reconstruction Accident reconstruction is an important, but often overlooked tool, of a DUI defense. Where there has been an accident, the responding police officers and detectives write a traffic collision report. This is often the only mea...
Legal
"Vehicle" In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a ...
"Vehicle"
07th June 2006"Vehicle" In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a ...
Legal
Misdemeanors vs. Felonies Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in...
Misdemeanors vs. Felonies
07th June 2006Misdemeanors vs. Felonies Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in...
Legal
The Process in a Felony Case Initial Arraignment The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the de...
The Process in a Felony Case
07th June 2006The Process in a Felony Case Initial Arraignment The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the de...
Legal
The Process in a Misdemeanor Case Arraignment The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant ...
The Process in a Misdemeanor Case
07th June 2006The Process in a Misdemeanor Case Arraignment The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant ...
Legal
"Under the Influence" There are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the grams of alcohol per 100 mill...
"Under the Influence"
07th June 2006"Under the Influence" There are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the grams of alcohol per 100 mill...
Legal
Who has burden in DMV Hearings The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated tha...
Who has burden in DMV Hearings
07th June 2006Who has burden in DMV Hearings The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated tha...
Legal
"Davenport" Issues at DMV Hearings The Davenport case holds that the arresting officer's written statement is sufficient to support the DMV's suspension of the defendant's driver's license. The Davenport court held that the officer has a duty to admin...
"Davenport" Issues at DMV Hearings
07th June 2006"Davenport" Issues at DMV Hearings The Davenport case holds that the arresting officer's written statement is sufficient to support the DMV's suspension of the defendant's driver's license. The Davenport court held that the officer has a duty to admin...
Legal
"Per Se": 23152(b) In order to be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol. The types of evidence which normally support this charge are: driving pattern, p...
Per Se Rule
07th June 2006"Per Se": 23152(b) In order to be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol. The types of evidence which normally support this charge are: driving pattern, p...
Legal
DMV and court: two separate processes. When someone is charged with a DUI offense, there are two separate battles to fight: the DMV and the criminal court case. The DMV will suspend driving privileges within 30 days of an arrest for driving with an a...
DMV and court: two separate processes.
07th June 2006DMV and court: two separate processes. When someone is charged with a DUI offense, there are two separate battles to fight: the DMV and the criminal court case. The DMV will suspend driving privileges within 30 days of an arrest for driving with an a...
Legal
"Downer" issues in DMV Hearings The Downer case dealt with California Evidence Code section 1280, the official records hearsay exception. Hearsay involves any statement made outside of court, offered to prove the truth of the matter asserted. Forensi...
"Downer" issues in DMV Hearings
07th June 2006"Downer" issues in DMV Hearings The Downer case dealt with California Evidence Code section 1280, the official records hearsay exception. Hearsay involves any statement made outside of court, offered to prove the truth of the matter asserted. Forensi...